Andhra Pradesh High Court

CRLP/5891/2019 of ZAREENA BEGUM Vs A.FAHEEDA on 31 December 2019

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C.PRAVEEN KUMAR Criminal Petition No.5891 of 2019 ORDER : 1. Heard and perused the record. With the consent of both the counsel, the Criminal Petition is being disposed of at the admission stage. 2. The present application came to be filed under Section 482 of the Code of Criminal Procedure,

HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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ORDER :

Criminal Petition No.5891 of 2019

1. Heard and perused the record. With the consent of both the counsel, the Criminal Petition is being disposed of at the admission stage.

2. The present application came to be filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the proceedings in C.C. No.47 of 2019 on the file of the Judicial Magistrate of First Class, Palamaner, Chittoor District. The charge-sheet came to be filed against the accused for the offences punishable under Section 498-A I.P.C. and Sections 3 & 4 of Dowry Prohibition Act.

3. Though the present application is filed seeking quashing of the proceedings in C.C., but the learned counsel for petitioners restricts his prayer seeking dispensation of the presence of the petitioners – accused during the course of trial before the trial Court.

4. On the other hand, learned Public Prosecutor opposed the same contending that presence of petitioners would be necessary on the dates of examination of witnesses etc.,

5. Having regard to the facts and circumstances of the case, the nature of allegations made and as there is no dispute with regard to the identity of the petitioners – accused, their presence in C.C.

No.47 of 2019 on the file of the Judicial Magistrate of First Class, Palamaner, Chittoor District, is hereby dispensed, except on the dates when their presence is specifically required by the Court. Further, the petitioners are at liberty to file an application for discharge, if warranted; in which event, the same shall be dealt with in accordance with law.

6. Accordingly, the Criminal Petition is disposed of.

As a sequel thereto, Interlocutory Applications, if any, pending in this Criminal Petition, shall stand dismissed.

31.12.2019 skmr

_______________________________

JUSTICE C. PRAVEEN KUMAR

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